Georgia · Cherokee County · Crime & Courts

Canton, GA 2-Year-Old's Death: Mother Devorah Diaz Perez Charged With Murder on Cartersville Street, Cherokee County

Canton police announced Friday that the mother of a 2-year-old boy who died after being found unresponsive on the 300 block of Cartersville Street on Aug. 3 has been charged with murder in the second degree, two counts of cruelty to children in the second degree and three counts of reckless conduct. She is the second person charged in the case. Both are presumed innocent.

By Kate Thompson Published Aug. 21, 2026, 1:25 p.m. ET 7 min read 2 charged

What happened on Cartersville Street in Canton?

Canton police went to a home on the 300 block of Cartersville Street in Canton on Monday, Aug. 3, 2026, on a call about an unresponsive child, according to WSB-TV.

The child, a 2-year-old boy, was taken to a hospital and pronounced dead there.

On Friday, Canton police announced a second arrest in the case, according to Atlanta News First. The person arrested is the boy's mother.

Who is Devorah Diaz Perez, and what is she charged with?

Devorah Diaz Perez, 18, is the mother of the boy who died. Canton police announced her arrest on Friday, Aug. 21, 18 days after the Cartersville Street call, in a department release.

The department lists one count of murder in the second degree under O.C.G.A. 16-5-1(d), two counts of cruelty to children in the second degree under O.C.G.A. 16-5-70(c), and three counts of reckless conduct under O.C.G.A. 16-5-60(b).

Detectives interviewed her on the evening of Thursday, Aug. 20, and the charges were developed in consultation with the Cherokee County District Attorney's Office, the department said. She was taken to the Cherokee County Adult Detention Center.

She is the second person charged in this case. The charges are accusations filed by police; she has not been tried and has not been convicted.

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Who was the first person charged in the case?

Celso Edison Vicente Y Vicente, 22, the mother's live-in boyfriend, was arrested on Aug. 3, the same day the boy died, according to Canton police.

He is charged with malice murder and cruelty to children in the first degree.

His charges and hers are not the same charges, and neither set is a finding of guilt. He is presumed innocent as well.

How do the two sets of charges compare?

Two people are now charged in the same death, under different parts of Georgia's murder statute and different degrees of the cruelty-to-children offense.

What has the Canton police chief said?

Canton Police Chief Marty Ferrell said in the department's announcement: “The death of a child is heartbreaking, and our detectives remain committed to conducting a thorough and professional investigation.”

He also said: “We appreciate the continued assistance of our law enforcement and criminal justice partners as we work to protect the integrity of this case and allow the judicial process to move forward.”

What does Georgia law say about murder in the second degree?

Both murder charges in this case come out of one section of the state code, O.C.G.A. 16-5-1, which defines murder in Georgia and sets the punishment for it.

Subsection (a) covers the charge filed against the boyfriend: “A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being,” according to the text of the 2025 Georgia Code published by Justia.

Subsection (d) covers the charge filed against the mother: “A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.”

The cruelty counts against the mother come from a second section, O.C.G.A. 16-5-70, which the police release cites at subsection (c). It reads: “Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain,” according to the same 2025 Georgia Code text.

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Why is one charge malice murder and the other second-degree murder?

The dividing line in the statute is malice. Malice murder requires it, either expressed or implied from the circumstances, and it is the element the state has to prove.

Murder in the second degree requires no malice at all. Under subsection (d), a death caused in the commission of cruelty to children in the second degree is murder in the second degree irrespective of malice.

What the second-degree charge does require is that underlying offense. Cruelty to children in the second degree is written into the definition, which is why the second-degree murder count and the second-degree cruelty count travel together on the same charge sheet here.

The charge against the mother is the one Georgia law pairs with criminal negligence, the standard written into the second-degree cruelty offense. The charge against the boyfriend requires malice aforethought.

That is the structural reason the two people charged in this case face different counts. It is a difference in the legal theory each charge rests on, not a ranking of the two people, and every count against both remains an accusation.

What sentence does murder in the second degree carry in Georgia?

A person convicted of murder in the second degree “shall be punished by imprisonment for not less than ten nor more than 30 years,” under subsection (e)(2) of the same section.

That range attaches to a conviction and nothing short of one. Nobody in this case has been convicted of anything.

What happens next in a Georgia murder case?

An arrest starts a felony case in Georgia; it does not decide one. The first step is a first appearance before a magistrate judge, where the charges are read out and the defendant is advised of them.

Bond is a separate question, and in a murder case it is not one a magistrate settles. Release on bond in that category of case is for a superior court judge to decide.

The case then has to go to a grand jury. A felony prosecution in Georgia proceeds by indictment, and the grand jury decides whether to return one.

The cause and manner of the child's death sit with a different agency again. The Georgia Bureau of Investigation Medical Examiner's Office is among the agencies assisting on the case, and that finding has not been released.

Charges filed by an arresting agency are also not necessarily the charges a defendant answers to at trial. What carries forward is what the grand jury returns and what the district attorney elects to pursue, and either can differ from the counts listed at arrest.

Which agencies hold this case?

The Canton Police Department is the investigating agency and the department that announced both arrests. The case is held by its Detective Unit, and the department listed Detective Erin Fulenwider at (770) 720-4883 as the contact on it.

Assisting agencies are the Cherokee County District Attorney's Office, the Cherokee County Sheriff's Office Crime Scene Unit, Cherokee County EMS and the Georgia Bureau of Investigation Medical Examiner's Office.

Prosecution belongs to the Cherokee County District Attorney's office, which handles felony cases in Cherokee County Superior Court. Charging decisions from this point, and the presentation of the case to a grand jury, sit with that office rather than with police.

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What does charged, not convicted, mean here?

Both people have been charged. Each is presumed innocent unless the state proves the case against them beyond a reasonable doubt in court.

The Canton Police Department said in its announcement: “All persons charged with a crime are presumed innocent unless and until proven guilty in a court of law.”

What we don't know yet

Frequently asked questions

What happened on Cartersville Street in Canton, Georgia?
Canton police were called to a home on the 300 block of Cartersville Street on Monday, Aug. 3, 2026, for a report of an unresponsive child. The child, a 2-year-old boy, was taken to a hospital and pronounced dead.

Who is Devorah Diaz Perez?
Devorah Diaz Perez, 18, is the mother of the 2-year-old boy who died. Canton police announced Friday, Aug. 21, 2026, that she had been arrested and charged in his death, making her the second person charged in the case.

What is Devorah Diaz Perez charged with?
The Canton Police Department release lists one count of murder in the second degree under O.C.G.A. 16-5-1(d), two counts of cruelty to children in the second degree under O.C.G.A. 16-5-70(c), and three counts of reckless conduct under O.C.G.A. 16-5-60(b). Those are charges, not convictions, and she is presumed innocent.

Who else has been charged in the death of the Canton 2-year-old?
Celso Edison Vicente Y Vicente, 22, described as the mother's live-in boyfriend, was arrested on Aug. 3, the day of the death. He is charged with malice murder and cruelty to children in the first degree. He is also presumed innocent.

What is the difference between malice murder and murder in the second degree in Georgia?
Both offenses sit in the same statute, O.C.G.A. 16-5-1. Malice murder requires malice aforethought, express or implied. Murder in the second degree is defined as causing a death in the commission of cruelty to children in the second degree, irrespective of malice, so it does not require malice at all. Cruelty to children in the second degree, in turn, is committed when a person with criminal negligence causes a child under 18 cruel or excessive physical or mental pain, under O.C.G.A. 16-5-70(c).

What sentence does murder in the second degree carry in Georgia?
Under O.C.G.A. 16-5-1(e)(2), a person convicted of murder in the second degree is punished by imprisonment for not less than ten nor more than 30 years. That range applies only after a conviction.

How did the 2-year-old boy die?
The cause and manner of death have not been released, and police have not said publicly what either person charged is alleged to have done.

Has the child been identified?
No. Police have not released the boy's name.

What has the Canton Police Department said about the case?
Canton Police Chief Marty Ferrell said the death of a child is heartbreaking and that detectives remain committed to conducting a thorough and professional investigation, and that the department appreciates the continued assistance of its law enforcement and criminal justice partners as it works to protect the integrity of the case and allow the judicial process to move forward.

When was Devorah Diaz Perez interviewed?
Canton police detectives interviewed her on the evening of Thursday, Aug. 20, 2026, and the charges were developed in consultation with the Cherokee County District Attorney's Office, according to the department. She was taken to the Cherokee County Adult Detention Center. The department attached no date to the arrest itself and announced it on Friday, Aug. 21.

Why has the cause of death not been released?
The Georgia Bureau of Investigation Medical Examiner's Office is one of the agencies assisting Canton police in the case, and the cause and manner of the child's death have not been released. The department has also said that because criminal charges are pending, it will not release additional details about statements made during interviews, evidence collected, or other circumstances that may become part of the judicial process.

Which office will prosecute the case?
The Canton Police Department is the investigating agency. The Cherokee County District Attorney's office is the prosecuting authority for felony cases in Cherokee County Superior Court.